[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12213-12214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4834]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XB044
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species by Amendment 80 Vessels in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for species that comprise
the shallow-water species fishery by Amendment 80 vessels in the Gulf
of Alaska (GOA). This action is necessary because the first seasonal
apportionment of the sideboard limit for 2012 Pacific halibut
prohibited species catch (PSC) specified for the shallow-water species
fishery by Amendment 80 vessels in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 24,
2012, through 1200 hrs, A.l.t., April 1, 2012.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679.
[[Page 12214]]
The first seasonal allowance of the 2012 Pacific halibut PSC limit
specified for the shallow-water species fishery by Amendment 80 vessels
in the GOA is 10 metric tons as established by the final 2011 and 2012
harvest specifications for groundfish of the GOA (76 FR 11111, March 1,
2011) for the period 1200 hrs, A.l.t., January 20, 2012, through 1200
hrs, A.l.t., April 1, 2012.
In accordance with Sec. 679.20(d)(1)(vi)(C)(2), the Administrator,
Alaska Region, NMFS, has determined that the first seasonal
apportionment of the 2012 Pacific halibut PSC limit specified for the
shallow-water species fishery by Amendment 80 vessels in the GOA has
been reached. Consequently, NMFS is prohibiting directed fishing for
the shallow-water species fishery by Amendment 80 vessels subject to
sideboard limits in the GOA. The species and species groups that
comprise the shallow-water species fishery are pollock, Pacific cod,
shallow-water flatfish, flathead sole, Atka mackerel, skates, and
``other species.''
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Acting Assistant Administrator for
Fisheries, NOAA (AA), finds good cause to waive the requirement to
provide prior notice and opportunity for public comment pursuant to the
authority set forth at 5 U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public interest. This requirement is
impracticable and contrary to the public interest as it would prevent
NMFS from responding to the most recent fisheries data in a timely
fashion and would delay the closure of the shallow-water species
fishery by Amendment 80 vessels subject to sideboard limits using trawl
gear in the GOA. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of February 23, 2012.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 24, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-4834 Filed 2-24-12; 4:15 pm]
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